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Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission

The D.C. Circuit granted in part a Native American tribe's petition to review NRC's license decision for construction of a uranium mining project in the Black Hills of South Dakota. The tribe, which has historical ties to the proposed project area, argued that the agency failed to comply with NEPA b...

Big Bend Conservation Alliance v. Federal Energy Regulatory Commission

The D.C. Circuit denied an environmental group's petition to review FERC orders authorizing facilities to export natural gas from the United States to Mexico. The group argued that FERC, in addition to exercising jurisdiction over the export facilities at the border, also should have exercised juris...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups argued that the EAs conducted by the U.S. Army Corps of Engineers (C...

American Rivers v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...

Western Organization of Resource Councils v. Zinke

The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They argue...